What is Intellectual Property? > Patents > Short-term patents - enforcement

Short-term patents - enforcement

Unlike standard patents, the grant of a short-term patent does not follow a substantive examination of its patentability. Therefore when it comes to enforcement of a short-term patent, the grant of the patent alone is not sufficient to ensure that the patent right can be enforced. Instead, in any enforcement proceedings before the court the patent owner has to prove that his or her short-term patent is prima facie valid. Patent owners should consult their legal or technical advisers on this aspect before taking steps to enforce their short-term patents.